RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 September 2007
	DOCKET NUMBER:  AR20070005237 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. Jeffrey C. Redmann

Chairperson

Mr. Dean A. Camarella

Member

Mr. Qawiy A. Sabree

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of item 30 (Military Occupational Specialty and Number [MOS]), of his WD AGO Form 53-55 (Enlisted Record and Report of Separation), to show his correct MOS.  

2.  The applicant states, in effect, that item 30, of his WD AGO Form 53-55, 
is incorrect.  He was a water-cooled machine gunner.  He was not a truck driver and never drove a truck.  He was in the infantry.  His civilian occupation was not a truck driver.  He also states that he might be entitled to the Bronze Star Medal if his discharge shows him as being a combat infantryman.  He adds that he was a POW (Prisoner of War) captured by the Germans.  He was wounded crossing a river carrying his water-cooled machinegun.  He is proud of his military service and believes that his discharge document should be corrected.

3.  The applicant provides a copy of his WD AGO Form 53-55 in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  His WD AGO Form 53-55 shows his Arm or Service, in item 4, as infantry and his organization, in item 6, as Company H, 315th Infantry Regiment.  His military occupational specialty, in item 30, is "Truck Driver 345."  
4.  Item 21 (Civilian Occupation and No), of his WD AGO Form 53-55, shows the entry “Truck Driver Light 7-36.260.”

5.  The applicant’s WD AGO Form 100 (Separation Qualification Record), Military Occupational Assignments section, shows in item 10 (months) the entry "21",
in item 11 (Grade) the entry "Cpl", and in item 12 (MOS) the entry "Squad Leader 745."  It also shows in item 10, the entry "8", in item 11, the entry "Pfc", and in item 12 the entry "Truck Driver 345."

6.  Item 13 (Summary of Military Occupations), of his WD AGO Form 100, indicates that he was a truck driver.  It states that he "drove a 2 1/2 ton truck hauling airplane supplies in England.  Made trips up to 300 miles over all types of roads and under all conditions.  Maintained the truck by checking for damaged parts and greasing and oiling it when necessary.  Was also in charge of a machine gun section of a heavy weapons company in France.  Had charge of 7 men and a heavy machine gun.  Supervised the work of the men and the operation of the gun."

7.  Item 22 (Civilian Occupations) of his WD AGO Form 100 shows that he was a truck driver light, 7-36.260.  He "drove a 3 ton truck for Alfred Potts around a coal mine in Eldorado, Ill.  Hauled coal and general supplies, averaged 500 miles a week.  Drove a pick-up truck on an ice route, delivering ice to customers.  Made collections for ice and sold ice tickets."

8.  The applicant’s WD AGO Form 53-55 shows that he was credited with participation in two campaigns of World War II.  He was awarded two Overseas Service Bars; one Service Stripe; the American Campaign Medal, the European-African-Middle Eastern Campaign Medal, with two bronze service stars; the Purple Heart; the World War II Victory Medal; the Sharpshooter Marksmanship Qualification Badge, with Carbine Bar; and the Marksman Marksmanship Qualification Badge, with M-1, Pistol, and Machinegun Bars.  His WD AGO Form 53-55 does not show additional awards. 

9.  The applicant was awarded the Purple Heart for wounds received in action on 18 July 1944, while assigned to an infantry organization, by Headquarters, 52nd General Hospital, in General Orders 352, dated 2 September 1944.  This award is shown on his WD AGO Form 53-55.

10.  Item 34 (Wounds Received in Action), of his WD AGO Form 53-55, shows the entry, "Wounded in Action in Lessay France 18 Jul 44."

11.  There are no orders in the applicant’s personnel records which show that he was awarded the Combat Infantryman Badge.  



12.  Technical Manual 12-235, in effect at the time of the applicant's separation, which provided policy and guidance in the preparation of separation forms and documents, states that, in Item 30, MOS will be the same as the MOS entered on the WD AGO Form 100, if executed; otherwise from the WD AGO Form 20.  The number will follow the title.

13.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  Additionally, World War II holders of the Combat Infantryman Badge received a monthly pay supplement known as combat infantry pay and holders of the Expert Infantryman Badge were entitled to expert infantry pay.  Therefore, Soldiers had economic as well as intangible reasons to ensure that their records were correct.  Thus, pay records are frequently the best available source to verify entitlement to this award.  The Awards Branch, Total Army Personnel Command, (USAHRC) has advised in similar cases that, during World War II, the Combat Infantryman
Badge was normally awarded only to enlisted individuals who served in the following positions:

	a.  Light machine gunner (604)
	b.  Heavy machine gunner (605)
	c.  Platoon sergeant (651)
	d.  Squad leader (653)
	e.  Rifleman (745)
	f.  Automatic rifleman (746)
	g.  Heavy weapons NCO (812)
	h.  Gun crewman (864)

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is
authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 
2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

15.  AR 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility. 

16.  For award of the Army of Occupation Medal, with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

17.  Department of the Army (DA) Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows that the applicant's unit, Company H, 315th Infantry Regiment, 79th Infantry Division, was awarded the Presidential Unit Citation, for the period 9 January 1945 through 20 January 1945, by War Department Orders Number 54, dated 1945.  The applicant's unit was also cited for award of the French Fourragere for the periods 19 June 1944 through 27 August 1944 and 21 November 1944 through 24 November 1944, by Department of the Army General Orders (DAGO) Number 43, dated 1950.  The applicant was present with the unit during the time it was cited for this award during the latter period.  The applicant's unit was also given credit for the occupation of Germany for the period 30 May 1945 through 14 August 1945 and from 4 September 1945 through 31 October 1945.

18.  AR 600-8-22 provides for award of the French Fourragere.  This regulation states that it may be awarded by the French Government when a unit has been cited twice for award of the French Croix de Guerre.  The award of the French Fourragere is not automatic but must be by special decree of the French Government.  Persons who were present in only one action are not authorized to wear the Fourragere.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's WD AGO Form 53-55 shows that he was serving as a truck driver, in MOS 345, in an infantry unit, at the end of his service during World War II.  The evidence shows that he served as a truck driver during his last 8 months of active duty.  


2.  The applicant's WD AGO Form 100 listed his military duties as a truck driver while serving in the ETO during World War II.  By regulation, the applicant's MOS of 345, truck driver, was the same MOS, and the last MOS, entered on his WD AGO Form 100.  Therefore, there is an insufficient basis to change item 30, of his WD AGO Form  53-55.  The entry currently shown is correct as constituted.

3.  The applicant alleges that his civilian occupation was not a truck driver.  However, item 21, of his WD AGO Form 53-55, list his last civilian occupation as "Truck Driver Light 7-36.260."  Item 22 of his WD AGO Form 100 list the description of duties that he performed prior to his entry on active duty.  It is noted that this is the information that the applicant provided to personnel at the time of his entry on active duty, which was over 61 years ago.  This information was transposed to his WD AGO Form 100 at the time of his separation.  Therefore, there is no basis to change item 21 (Civilian Occupation and No) of his WD AGO Form 53-55.  The entry currently shown is correct as constituted.

4.  By the applicant's admission, he served as a water-cooled machine gunner.   The evidence shows he served the preponderance of his active duty service as an infantry Soldier, holding an Infantry MOS of 745, for 21 months while serving in the ETO during World War II.  Therefore, in the interest of justice and equity, the title and MOS of “Rifleman 745” should be added to item 55 (Remarks), of his WD AGO Form 53-55 as an additional specialty.

5.  The evidence of record shows that the applicant was an Infantry Soldier who held an Infantry MOS, performed the duties of a rifleman in combat while assigned to an infantry unit, was wounded as an infantry Soldier, and was awarded the Purple Heart.  He is therefore entitled to award of the Combat Infantryman Badge for his service during World War II.  Based on the special provisions of the awards regulation, the applicant is also entitled to award of the Bronze Star Medal, based on award of the Combat Infantryman Badge, which is considered a citation in orders, and to have it added to his WD AGO Form 53-55.

6.  The evidence shows the applicant was assigned to a unit at the time it was awarded the Presidential Unit Citation.  He is therefore entitled to award of the Presidential Unit Citation and to have it added to his WD AGO Form 53-55.

7.  The applicant's unit was twice cited for award of the French Fourragere.  The evidence shows he was a member of the unit during one of the times the unit was cited for this foreign unit award.  This foreign unit award is not shown on his WD AGO Form 53-55.  He is entitled to this foreign unit award and to have it added to his WD AGO Form 53-55.

8.  The evidence shows the applicant was assigned to a unit at the time it was awarded credit for the occupation of Germany.  He is therefore entitled to award of the Army of Occupation Medal, with Germany Clasp, and to have it added to his WD AGO Form 53-55.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__QS___  ___DC___  ___JCR _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

	a.  showing the entry "Rifleman 745" in item 55 (Remarks), of his WD AGO Form 53-55, as an additional MOS; 

	b.  awarding the applicant the Combat Infantryman Badge and adding it to his WD AGO Form 53-55; 

	c.  awarding the applicant the Bronze Star Medal, based on award of the Combat Infantryman Badge, and adding it to his WD AGO Form 53-55; 

d.  awarding the applicant the Presidential Unit Citation and adding this unit award to his WD AGO Form 53-55; 

e.  awarding the applicant the French Fourragere and adding the entry, "French Fourragere – Unit Citation – No Emblem Authorized" to item 55 (Remarks), of his WD AGO Form 53-55; and

	f.  awarding the applicant the Army of Occupation Medal, with Germany Clasp, for his participation in the occupation of Germany, and adding this award to his WD AGO Form 53-55.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of item 30 (MOS) and item 21 (Civilian Occupation and No), of his WD AGO Form 53-55.




____Jeffrey C. Redmann____
          CHAIRPERSON




INDEX

CASE ID
AR20070005237
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070920
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19451219
DISCHARGE AUTHORITY
AR 615-365. . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100
2.

3.

4.

5.

6.